Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.

Tuesday, October 01, 2013

U.S. v. Nickerson (9th Cir. - Oct. 1, 2013)

Just so you know: When you're in a holding cell, lots of times, they're using a motion-sensitive camera to record everything you're doing. Everything. Including using the toilet.

Men can see you. Women can see you. You probably can't even see the camera, which is hidden. But when you're in jail, Big Brother is watching you. Even watching you poop.

This conduct is insufficiently outrageous to warrant a dismissal of even minor charges against you. Like (as here) a DUI. So holds the Ninth Circuit.

So add this to the indignities of being in jail. Even when "presumed innocent" (since you haven't yet been convicted of anything). Not only may you have to squat in front of onlookers. But someone -- or a group of people, of all sexes -- behind a hidden camera may also be mocking (and perhaps recording) you while you do so.